TRESPASS TO PERSON Faculty of law 1 chapter nine22 November 2014

2 Trespass to person: wrongs affecting personal safety and freedom are called “trespass to person” Trespass to person may be committed negligently as well as intentionally We shall take intentional trespass to person and they are: assault, battery and false imprisonment. Introduction

3 Assault is unlawful attempt to do a bodily hurt to another, coupled with present ability and intention to do the act. The essence of the tort of assault is “putting a man in present fear of violence” Pointing a loaded pistol or gun at a person is an assault. ASSAULT

4 In order to succeed in action for assault must prove: a)The gesture or preparation which constitutes a threat or force b)Cause reasonable apprehension of force c)Ability of defendant to carry out a threat immediately. Essentials of assault

5 Assault becomes battery when there is a least touching either directly or indirectly. Battery may therefore, defined as intentional application of force against another without lawful justification Actual application of force against another, done without lawful justification BATTERY

6 In the battery it need not necessary be through bodily contact, it may be through a stick bullet, firework or other missiles, even throwing water on a man, spitting in a man’s face is a battery. Flashing of light by torch in another person’s eyes is a battery. But touching another in the course of conversation or in order to draw his attention to something is not battery. Essentials of Battery

7 Most of the defences depend upon condition which is in general negative tortious liability we had in chapter 5. however some particular instances may be mentioned as flows: 1.Expulsion of trespasser (use force) 2.Lawful correction (parental authority) 3.Retaking of goods 4.Preservation of public peace (public worship) 5.Statutory authority (legal process) Defences against assault and battery

8 False imprisonment means wrongful total restrain of a man’s liberty. In other words, false imprisonment is committed when a person without lawful justification, intentionally imposes, for a time however short, total restrain upon the liberty of another. FALSE IMPRISONMENT

9 Thus, false imprisonment requires two essential elements which the plaintiff must prove: a)There must be a total restrain on the liberty of the plaintiff and; b)It must be without any lawful justification. For example, where a person is unlawfully closed in a room for sometime. Or where X goes on the rooftop and Y maliciously takes away the ladder that X has to remain there sometime. Essentials of false imprisonment

10 The tort of false imprisonment can be committed even if the plaintiff does not know that he is being detained. A person can be imprisoned while he is asleep, while he is in a state of drunkenness, while he is a lunatic. Knowledge of the plaintiff

11 It is submitted that detention would amount to false imprisonment if as reasonable man would not realized that he had an available outlet. So if there is no attempt to escape it will not constitute false imprisonment Means of escape

12 Some particular defences may be mention here : 1.Reasonable condition. 2.Judicial authority 3.Arrest by police (reasonable suspicions) 4.Arrest on complaint Defences of false imprisonment

13 The following remedies are available in the case of false imprisonment: 1.Self help in order to escape 2.Habeas corpus: release of a person that detained wrongfully 3.Action for damages: the damages may be claimed not only for injury to the liberty but also for disgrace, humiliation, indignity and mental suffering. Remedies

The end Any questions? 14